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Reasons
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(영문) 수원지방법원 안산지원 2016.08.18 2015고단671
강제집행면탈
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Defendant

A shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the concealment of the claim against Defendant A.

Reasons

Punishment of the crime

[2015 Highest 671 [Defendant A] - Defendant A was subject to a lawsuit claiming payment of KRW 25,250,000 to the victim D, and on February 23, 2013, on February 7, 2014, the court of first instance rendered a judgment ordering the victim to pay KRW 25,2550,000 to the victim. On February 7, 2014, E did not pay each of the loans of KRW 98,000,000 and KRW 40,000 to F, E et al. prepared to file a lawsuit claiming payment against the defendant, and E et al. was likely to be subject to compulsory execution.

In order to avoid compulsory execution against the Defendant’s loan claim amounting to KRW 22 million by creditors, including the victim, the Defendant was willing to falsely transfer the above loan claim to H, a person living together with the victim.

Around February 17, 2014, the Defendant and H prepared a contract for the transfer of claims with the purport that “A shall transfer to H the claim amounting to KRW 22,00,000,000 to be received by the obligor G,” and notified G of such transfer by content-certified mail on the same day.

As a result, the Defendant conspired with H to transfer the claim owned by the Defendant for the purpose of evading compulsory execution.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Some statements made by the prosecution against H in the protocol;

1. Each legal statement about witness D, E, and G;

1. The court decision (Seoul Northern District Court Decision 2013Ga group 100894), execution clause (Seoul Northern District Court Decision 2013Ga group 100894), judgment (Seoul Northern District Court Decision 2012Ga group 313083), execution clause (Seoul Northern District Court Decision 2012Ga group 2012Ga group 313083), copy of contract for transfer of claims, and copy of contract for transfer of claims, and other third debtor's statement to the effect that the Defendant did not transfer false claims since the Defendant actually transferred claims to H.

In full view of the present evidence.

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